5th Circuit Court of Appeals Extends Stay
of OSHA Emergency Temporary Standard

On Nov. 12, 2021, the 5th Circuit Court of Appeals (the Court) extended the stay it ordered for the Occupational Safety and Health Administration (OSHA) vaccine and testing emergency temporary standard (ETS) on Nov. 6, 2021. The judicial stay will remain in effect until the ETS’ legality is ultimately decided in the judicial system.
The Court granted the petitioners’ original request for a stay because it found cause to believe there are grave statutory and constitutional issues with the ETS. Both OSHA and parties challenging the ETS in court submitted responses to this legal challenge on Nov. 8, 2021, and Nov. 9, 2021, respectively.

"Until a court rules the ETS is invalid, affected employers remain subject to its requirements. As a result, employers should continue their efforts to comply with the ETS and monitor any legal developments."

Should Employers Keep Preparing
for the COVID-19 ETS?

With another ruling against the Biden administration's COVID-19 vaccine-or-testing directive on Nov. 12 and the Occupational Safety and Health Administration (OSHA)'s suspending implementation of the emergency temporary standard (ETS) to fight COVID-19 in the workplace, employers are wondering whether they should keep preparing to comply with the directive. Many legal experts recommend that employers prepare to follow the requirements of the ETS while litigation continues. However, some employers are taking a wait-and-see approach.

"Employers do not want to find themselves in a position where they are not ready if the ETS survives," said Ashley Cuttino, an attorney with Ogletree Deakins in Greenville, S.C.

Corbin Carter, an attorney with Mintz in New York City, said, "The Supreme Court may ultimately weigh in. But employers likely cannot await a court ruling on the new rule's fate before properly engaging in the appropriate tasks—convening stakeholders, reviewing the relevant rules, assessing options—given the rule's tight timeline." 

Vaccination Compliance Package

Clearly, the latest information coming out regarding OSHA’s emergency temporary standard (ETS) is a little overwhelming and somewhat confusing. While employers who have 100+ employees are being immediately impacted, we believe that every employer should have a plan up to and including how to communicate their plan to their employees.  

We know that adding expert advice and guidance, customized for your specific organizational needs, is a better option than trying to navigate all of it on your own. Our team not only has tools and resources that can be tailored to fit your unique business needs, they also have the experience to provide guidance on a communication strategy and to weigh in on policy decisions that protect and support your organization.  

Management Development Cohort
New Management Development Cohorts are forming for 2022! This is an informal way to learn, grow and contribute.
These cohorts are facilitated in very small groups of three or four participants, meet for one hour monthly, and are facilitated virtually. It’s part learning of a selected topic relevant to all managers and leaders; and part sharing and discussing. Cohort members also bring issues that they are experiencing to the group for discussion. The format is very casual and inviting.
Contact Karen Shannon if you
would like to join one of the new Management Development Cohorts or would like to learn more.
Contact Us

HR Hotline

Karen Shannon
Vice President Business Consulting/CHRO
417-881-8333, ext. 133

Carolyn O'Kelley
Human Resources Consultant
417-881-8333, ext. 126

Holly Loven
Human Resources Consultant
417-881-8333, ext. 124

Visit our Human Resources page at